Applying for AOS and EAD

[Taylor S 1]

Hi, 

 

I came into the United States on a K1 visa (Feb 26th, 2024) and have married my husband who is a citizen of U.S. (March 21st, 2024) and I just had a question that stumbled me while I was filling out my I-485 and I-765.

 

So basically, while filling out the I-485, you get to the question that asks something along the lines of “Are you applying under section 245i of the INA?” After looking it up, I’m fairly confident that I am not and that I don’t fall into that category. Then, I was filing out the EAD form to be able to work while we wait for approval and I was stumped when selecting the eligibility category. Technically, I would fall under (a)(6) because I’m a K1 non-immigrant fiancée. However, that technically also doesn’t apply to me because I’m not looking to only work for the 90 days that I hold my K1 status like the description of that category states. 
 

The only other eligibility category that I thought of or saw something about online was (c)(9) because it discusses applying for EAD while applying for adjustment of status. The problem with this category is that it’s titled “Adjustment applicant under section 245,” which I figured was not me. 
 

Basically, do I fall under section 245? Am I missing something here? Which eligibility category do I fall into? 
 

Hopefully someone can help. These forms have been stressing me out and I can’t wait to hand them in and never look at them again lol😂

[K1visaHopeful 2,814]

1. You can Google what you typed in brackets and see that it definitely does not apply to anyone who arrived lately. Your answer is no. 

2. C9. 

A6 expires within 90 days of arrival and cannot be renewed. It is obsolete. 

*INA 245 is not INA 245(i).

3. Joining the monthly AOS filing VJ thread would be in your best interest to ask and answer basics.

4. Filling out your VJ timeline is important. Do that please.

Edited April 8 by K1visaHopeful

[M plus D 57]

Hi Taylor,

 

To keep things simple, your category for the EAD is (c)(9) "Pending adjustment of status under Section 245 of the Act", yes.

You are also correct that you are NOT filing your i-485 under section 245(i). However you ARE filing under section 245 in general, just not that specific subsection of it (subsection (i) of section 245).

 

Also, keep in mind that fees for i-765 (EAD) are halved when filing for category (c)(9) with a pending Adjustment of Status. You pay only USD$ 260 instead of USD$ 520 (source).

[Taylor S 1]

26 minutes ago, K1visaHopeful said:

1. You can Google what you typed in brackets and see that it definitely does not apply to anyone who arrived lately. Your answer is no. 

2. C9. 

A6 expires within 90 days of arrival and cannot be renewed. It is obsolete. 

*INA 245 is not INA 245(i).

3. Joining the monthly AOS filing VJ thread would be in your best interest to ask and answer basics.

4. Filling out your VJ timeline is important. Do that please.

 

25 minutes ago, M plus D said:

Hi Taylor,

 

To keep things simple, your category for the EAD is (c)(9) "Pending adjustment of status under Section 245 of the Act", yes.

You are also correct that you are NOT filing your i-485 under section 245(i). However you ARE filing under section 245 in general, just not that specific subsection of it (subsection (i) of section 245).

 

Also, keep in mind that fees for i-765 (EAD) are halved when filing for category (c)(9) with a pending Adjustment of Status. You pay only USD$ 260 instead of USD$ 520 (source).

Thank you guys very much! I didn’t even realize the “i” was a differentiating factor between the two, so thank you for opening my eyes to that. 
 

I appreciate the help as well as the extra information about the payment. I’m sure that’s something I might’ve missed as well. 

[TBoneTX 45,273]

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